United States District Court, W.D. Arkansas, Texarkana Division
CODY S. HOWARD, SR. PLAINTIFF
STEPHEN KING (Medical Team Administrator), CAPTAIN GOLDEN, WARDEN JEFFIE WALKER, SHERIFF JACKIE RUNION, and DR. TIMOTHY REYNOLDS DEFENDANTS
MAGISTRATE JUDGE'S REPORT AND
JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE
a civil rights action provisionally filed pursuant to 42
U.S.C. § 1983. Pursuant to the provisions of 28 U.S.C.
§ 636(b)(1) and (3)(2011), the Honorable Susan O.
Hickey, Chief United States District Judge, referred this
case to the undersigned for the purpose of making a Report
before the Court is a Motion to Dismiss by Defendants King
and Reynolds. (ECF No. 8).
filed his Complaint on August 31, 2018. (ECF No. 1).
Plaintiff is currently incarcerated in the Miller County
Correctional Facility (MCCF). Plaintiff alleges he was denied
medical care in MCCF between May 12, 2018, and August 8,
2018. He states he informed the facility of his sickle cell
disease when he entered the facility, the information is in
his records, and he was still refused treatment and
medication for the disease. (Id. at 4-5). Plaintiff
also alleges he suffered “medical neglect” and
racial discrimination in relation to his bunk assignment. He
alleges that on August 1, 2018, he asked for a lower bunk
assignment or “scrip” because he had rods and
screws in his leg. Nurse King reviewed his medical records
and informed him he did not qualify for the lower bunk
assignment. Plaintiff alleges that in addition to the rods
and pins, his sickle cell disease negatively affected the
strength in his legs. He alleges the denial also constituted
racial discrimination because a white inmate with “just
rods and pins in his ankle” received a lower bunk
assignment. (Id. at 5-6).
names all Defendants for all claims. (Id. at 4, 5).
He proceeds against all Defendants in their official and
personal capacity. (Id.). Plaintiff seeks
compensatory and punitive damages. (Id. at 7).
Plaintiff further states he “would love for them to
just abide by all state and federal guidelines of a
correctional facility and treat all inmates the same.”
King and Reynolds filed their Motion to Dismiss on September
25, 2018. (ECF No. 8). On September 27, 2018, the Court
entered an Order directing Plaintiff to file a Response to
the Motion. (ECF No. 12). Plaintiff did so on October 18,
2018. (ECF No. 17).
8(a) contains the general pleading rules and requires a
complaint to present “a short and plain statement of
the claim showing that the pleader is entitled to
relief.” Fed.R.Civ.P. 8(a)(2). “In order to meet
this standard, and survive a motion to dismiss under Rule
12(b)(6), ‘a complaint must contain sufficient factual
matter, accepted as true, to state a claim to relief that is
plausible on its face.'” Braden v. Wal-Mart
Stores, Inc., 588 F.3d 585, 594 (8th Cir. 2009) (quoting
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(internal quotations omitted)). “A claim has facial
plausibility when the plaintiff pleads factual content that
allows the court to draw the reasonable inference that the
defendant is liable for the misconduct alleged.”
Ashcroft, 556 U.S. at 678. While the Court will
liberally construe a pro se plaintiff's
complaint, the plaintiff must allege sufficient facts to
support his claims. See Stone v. Harry, 364 F.3d
912, 914 (8th Cir. 2004).
King and Reynolds argue Plaintiff failed to allege any facts
to support any official capacity claims against their
employer, Southern Health Partners, Inc. (ECF No. 8 at 1).
They further argue Plaintiff has failed to allege any facts
indicating that they were deliberately indifferent to
Plaintiff's medical needs. (Id. at 2). Defendant
Reynolds argues Plaintiff failed to allege any facts which
would support an Equal Protection claim against him.
(Id. at 1).
Response stated only that “they” were notified
through jail requests and grievances. (ECF No. 17).
Official Capacity Claims - Defendants King and
Defendant King and Defendant Reynolds are employees of
Southern Health Partners, Inc. (ECF No. 8 at 1; 9 at 3).
Plaintiff failed to allege any facts supporting any plausible
official capacity claims against Southern Health Partners,
Inc. Under Section 1983, a defendant may be sued in either
his individual capacity, or in his official capacity, or in
both. In Gorman v. Bartch,152 F.3d 907 (8th Cir.
1998), the Eighth Circuit Court ...